HomeMy WebLinkAboutPD-259-90 j _°'XI" } .� TOWN OF NEWCASTLE
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MEETING: General Purpose and Administration Committee
DATE: Tuesday, September 4, 1990
REPORT #: PD-259-90 FILE #: 18T 88061
SUBJECT: APPLICATION FOR .SUBDIVISION APPROVAL
VICTORIA WOODS DEVELOPMENT CORPORATION INC.
PART LOT 26 AND 27, CONCESSION 1, FORMER TOWNSHIP OF CLARKE
FILE: 18T 88061
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report PD-259-90 be received;
2 . THAT the Region of Durham be advised that the Town of Newcastle
recommends approval of the Draft Plan of Subdivision 18T-88061, as
revised in red, subject to the conditions of draft approval
contained in Attachment No. 1 to this report;
3 . THAT the Mayor and Clerk be authorized, by By-law, to execute the
Subdivision Agreement between Owner of the proposed Draft Plan of
Subdivision 18T 88061 and the Town of Newcastle at such time as an
Agreement has been finalized to the satisfaction of the Director
of Public Works and the Director of Planning and Development
4 . THAT the "Holding (H) " symbol be removed by By-law upon execution
of the Subdivision Agreement; and
3. THAT a copy of this report be forwarded to the Region of Durham and
the interested parties listed in this report.
1. APPLICATION DETAILS
1. 1 Applicant: Victoria Woods Development Corporation Inc .
1.2 Plan of Subdivision: Seeking approval for a plan of subdivision
proposing the creation of 349 single
family dwelling lots with a minimum
frontage of 15 metres .
REPORT NO. : PD-259-90 PAGE 2
1. 3 Area: 56 . 832 hectares ( 140 .43 acres) including 24 .831
hectares (61. 35 acres) retained by the Owner for
future development.
2 . BACKGROUND
2 . 1 In August of 1988, the Town of Newcastle Planning and Development
Department received an application submitted by Ed VanHaverbeke to
amend the Town of Newcastle Comprehensive Zoning By-law 84-63 in
order to permit a three hundred and fourteen (314) unit plan of
subdivision consisting of one hundred and eighty-six (186) single
family dwellings, one hundred and four ( 104) apartments and twenty-
four (24) townhouses .
2 .2 On August 11, 1988, the Town of Newcastle Planning and Development
Department was advised by the Region of Durham of an application
for approval of a plan of subdivision and an application to amend
the Town of Newcastle Official Plan in order to implement the
aforementioned development.
2 .3 A Public Meeting was held on November 21, 1988 with respect to the
subject applications at which time three area residents spoke in
opposition to the proposed zoning by-law amendment and the proposed
official plan amendment, both of which would have permitted high
density residential development. In addition a petition signed by
28 area residents was submitted to the Planning and Development
Department which stated concerns over the nature of the development
and the density of the development.
2 .4 Following Council resolution, the applicant subsequently held a
meeting with the residents on January 24, 1989 in an attempt to
address the concerns of the area residents . The application was
subsequently revised on several occasions and the application now
proposes the creation of three hundred and forty nine (349) single
family dwellings with twenty-two (22) reserve blocks, which when
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REPORT NO. : PD-259-90 PAGE 3
developed with abutting properties, will eventually create an
additional twenty (20) single family dwellings for a total of three
hundred and sixty-nine (369) single family dwellings . As the
latest reivsed plan of subdivision, conforms to both the Official
Plan and the Zoning By-law, both the related Official Plan
Amendment application (OPA 88-69/N) and the related Zoning By-law
Amendment application (DEV 88-87) were subsequently closed.
2 . 6 The proposal is situated on a 56 . 83 hectare ( 140.43 acre) parcel
located south of Highway # 2, east of Beaver Street but is more
formally described as Part of Lot 26 and 27, Concession 1, in the
former Village of Newcastle.
3. OFFICIAL PLAN CONFORMITY
3. 1 Within the Durham Regional Official Plan, the subject lands are
designated "Residential" . The primary use of lands so designated
shall be for residential purposes . In view of the foregoing, the
application would appear to comply with the Durham Regional
Official Plan.
3 .2 Within the Town of Newcastle Official Plan, the subject property
is located in the 1 B Neighbourhood. The Planning and Development
Department has determined, after reviewing the applicable policies
of the Official Plan, that residential development within the 1 B
Neighbourhood can occur at a density of 9 .7 units per gross
residential hectare in order to maintain the target population.
The proposed draft plan of subdivision has a gross area of 32. 181
hectares (79 .52 acres) which equates to a density of 11.46 units
per gross residential hectare which is slightly higher than the
neighbourhood average.
3. 3 Nevertheless, the nature of the existing development in the 1B
Neighbourhood results in a much lower density than permitted by the
Official Plan. Therefore, the Planning and Development Department
is of the opinion that permitting a slightly higher density per
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REPORT NO. : PD-259-90 PAGE 4
gross residential hectare on the subject property does not offend
the intent of the Town of Newcastle Official Plan and maintains the
target population of 1850 persons .
3 . 4 In view of the foregoing, the application would appear to comply
with the Town of Newcastle Official Plan.
4 . ZONING BY-LAW CONFORMITY
4. 1 The Town of Newcastle Comprehensive Zoning By-law 84-53 zones the
subject property in part "Holding - Urban Residential Type One
( (H)R1) " and in part "Environmental Protection (EP) " . The
applicant intends to residentially develop that portion of the
subject property zoned Holding - Urban Residential Type One ( (H)
R1) and retain that portion of the subject property zoned
Environmental Protection (EP) . Therefore, as the proposal conforms
to the Town of Newcastle Comprehensive Zoning By-law, an amendment
to the zoning by-law is not required.
5 . AGENCY COMMENTS
5. 1 The application for a proposed Plan of Subdivision was circulated
to various agencies by the Durham Regional Planning Department.
Subsequently, the Town of Newcastle undertook a limited internal
circulation. The following provides a brief summary of comments
received to date.
5 .2 The Town of Newcastle Community Services Department has reviewed
the subject application and has no objection to its approval
subject to the provision of certain regulatory conditions .
Firstly, that Block 372 be accepted as parkland dedication.
Secondly, that the applicant/owner satisfy the Director of
Community Services, financially and otherwise.
5. 3 The Town of Newcastle Public Works Department has reviewed the
subject application and offers no objection to the proposal subject
to the provision of several regulatory conditions .
REPORT NO. : PD-259-90 PAGE 5
5 .4 The Ministry of Natural Resources noted that the subject property
is traversed by Graham Creek which provides habitat for sensitive
coldwater fish species such as brown trout and Pacific Salmon.
However, subject to the provision of several regulatory conditions,
the Ministry of Natural Resources has no objection to the proposal.
5 .5 The Northumberland and Newcastle Public School Board advised that
the proposed subdivision would generate approximately 106 students
at Newcastle Public School. The School Board feels that this level
of growth cannot be accommodated by present plans but further
states that the Board's objection will be reconsidered when a more
comprehensive accommodation study is prepared.
5 . 6 The balance of the circulated agencies which have provided comments
were the Town of Newcastle Fire Department, Newcastle Hydro
Electric Commission, Ontario Hydro, Regional Health Department,
Separate School Board, Ganaraska Region Conservation Authority and
Ministry of Transportation. None of the aforementioned
agencies/departments have provided objectionable comments with
respect to the subject applications.
6 . STAFF COMMENTS
6 . 1 The subject application proposes the creation of three hundred and
forty-nine (349) single family dwelling lots and twenty-two (22)
reserve blocks which will eventually be developed for a total of
three hundred and sixty-nine (369) single family dwellings . All
of the proposed lots comply with the minimum 15 metre lot frontage
requirement and the minimum lot area requirement of the Town of
Newcastle Comprehensive Zoning By-law 84-63 .
6 .2 In addition, the applicant proposes that the Town accept Block 372,
containing 2 .57 hectares (6 . 35 acres) , as parkland dedication.
Since the size of the subject property being developed is 32 .181
hectares (79 .52 acres) , the Municipality is entitled, as a right,
to obtain 5% of the subject property which equates to approximately
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REPORT NO. : PD-259-90 PAGE 6
1. 61 hectares (3 .98 acres) . Therefore, the applicant has over-
dedicated approximately . 96 hectares (2 . 37 acres) of parkland to
the Municipality.
6 . 3 From a planning perspective, the proposed plan of subdivision is
logical and facilitates the extension of Edward Street in
accordance with the Town of Newcastle Official Plan. Furthermore,
the application facilitates the opening of the unopened road
allowance between former Township of Clarke Lots 26 and 27 in
accordance , with comments received from the Ministry of
Transportation.
6 .4 Moreover, the applicant has been sensitive to the needs and
concerns of the area residents and the surrounding area. The net
result is a revised plan of subdivision which is compatible with
the nature of residential development in Newcastle Village and a
density of 12 .6 units per net residential hectare which maintains
the integrity of the Town of Newcastle Official Plan.
6 .5 The Planning and Development Department note for the Committee's
information that the applicant has proposed to retain Blocks 373
and 374 . The majority of these two Blocks are located outside of
the urban area and currently have an "Environmental Protection (EP)
zoning. In addition, the applicant has retained approximately 15
metres (49 .21 ft. ) of frontage along the Edward Street extension
between lots 15 and 16 so as not to landlock Blocks 373 and 374.
Staff note for the Committee's information that the Ministry of
Natural Resources has, as a condition of draft approval requested
that Block 373 and 374 be retained in the Environmental Protection
(EP) zoning. Staff note that the Environmental Protection (EP)
zoning would permit limited non-residential uses such as a
greenbelt park, a golf course, a driving range, bird sanctuaries
or a wildlife reserve.
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REPORT NO. : PD-259-90 PAGE 7
6 .6 Finally, the Planning and Development Department has red-lined the
proposed plan of subdivision in order to remove the walkway between
lots 65 and 66 . The walkway is not required by the Town since
access to the proposed park (Block 372) can be accommodated
internally.
7 . CONCLUSION
7 . 1 In consideration of the comments contained within this report, the
Planning and Development Department would have no objection to the
approval of the proposed Plan of Subdivision, subject to the
conditions of draft approval as contained in Attachment No. 1
annexed hereto.
7 .2 It is noted that the Director of Community Services Department will
be presenting a confidential report pertaining to land exchange
with Victoria Wood Development which will have an implication on
the approval of this Plan of Subdivision. In view of this, it is
suggested the Committee deal with the confidential Report first
prior to dealing with this subdivision.
Respectfully submitted, Recommended for presentation
to the Committee
G
Franklin Wu, M.C. I .P. Lawrenc Kotseff
Director of Planning Chief Az nistrative
and Development Officer
WM*FW*cc
*Attach
28 August 1990
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REPORT NO. : PD-259-90 PAGE 8
Interested parties to be notified of Council and Committee's decision:
Bill Creamer Norm Petherick
D. G. Biddle and Associates 89 Edward Street
96 King Street East NEWCASTLE, Ont. LOA 1HO
OSHAWA, Ontario L1H 1B6
Ralph Kerekesch Gerald Armstrong
Alcorn and Associates 2025 Sheppard Ave. E. ,
100 Allstate Parkway WILLOWDALE, Ont. M2J 1V7
Suite 302
MARKHAM, Ontario L3R 6H3
Leonard Ursini
150 Ashbridge Circle
WOODBRIDGE, Ontario L4L 1A5
DN: VICTORIA.DRA
CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
PLAN IDENTIFICATION
1. That this approval applies to draft Plan of Subdivision 18T-88061 prepared by
D. G. Biddle and Associates Ltd. dated February 1990 (and further revised in
red as per the attached plan) showing Lots 1 to 349 inclusive for single family
detached dwellings, Block 372 for park, and various blocks for reserve, road
widening, site triangle etc.
FINAL PLAN REQUIREMENTS
2. That all streets within the Plan of Subdivision shall be dedicated as public
highway and shown as such on the final plan.
3. That all streets shall be named to the satisfaction of the Town of Newcastle and
shown on the final plan.
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISION AGREEMENT
4. That the Owner shall retain a qualified landscape architect to prepare and submit
a Landscaping Plan to the Director of Public Works and the Director of Planning
and Development for review and approval. The Landscaping Plan shall reflect the
design criteria of the Town as amended from time to time.
5. That the Owner shall retain a qualified Engineer to prepare and submit a
Hydrogeologist Report to the Director of Planning and Development to demonstrate
that the proposed development will not adversely impact the existing wells in
the surrounding areas.
6. That the Owner shall retain a qualified landscape architect to prepare and submit
a Park Site Master Plan to the Director of Community Services for review and
approval. The said Plan shall reflect the design standard of the Town as amended
from time to time.
7. That the Owner shall retain a professional engineer to prepare and submit a
Master Drainage and Lot Grading Plan to the Director of Public Works for review
and approval. All plans and drawings must conform to the Town's Design Criteria
as amended from time to time.
8. That the Owner shall retain a qualified consultant to prepare and submit a Tree
Preservation plan to the Director of planning and Development for review and
approval. Removal of trees prior to the approval of the tree preservation plan
may void all approvals granted by the Town.
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE SATISFIED PRIOR TO SUBDIVISIONIAGREEMENT (CONT'D)
9. That a storm water management report be prepared for the watershed as a whole
and submitted for review and approval and that this proposal address all
requirements of the report to the satisfaction of the Director of Public Works.
10. That the owner/applicant submit a detailed traffic study addressing the storage
lane requirements, etc. at Highway No. 2 to the satisfaction of the Director of
Public Works.
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT
11. That the Owner shall enter into a Subdivision Agreement with the Town and agree
to abide by all terms and conditions of the Town's standard subdivision
agreement, including, but not limited to, the requirements that follow.
12. That all easements, road widening, and reserves as required by the Town shall
be granted to the Town free and clear of all encumbrances.
13. That the Owner shall dedicated Block 372 for park purposes and further agrees
to provide for tree planting, play equipment, fencing, sodding etc. in accordance
to the park Site Master Plan at no cost to the municipality. No building permit,
above and beyond twenty-five percent (25%) of the entire subdivision, will be
issued by the Town if the park is not completed to the satisfaction of the
Director of Community Services.
14. That the Owner shall pay to the Town, at the time of execution of the Subdivision
Agreement, development charge levy and any other charges in effect at the time
of execution and further agrees to abide by the Town's payment schedule as
amended from time to time.
15. That the Owner shall provide and install sidewalks, street lights, temporary
turning circles etc. as per the Town's standards and criteria.
16. That the Owner shall cause all utilities, including, hydro, telephone, Cable TV,
etc. to be buried underground.
17. That the Owner shall provide the Town, at the time of execution of the
subdivision agreement, Letters of Credit acceptable to the Town's Treasurer, with
respect to Performance Guarantee, Maintenance Guarantee, Occupancy Deposit and
other guarantees or deposit as may be required by the Town.
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
18. That prior to the issuance of building permits, the Owner shall, through its
acoustic engineer, to provide a certification to the Director of Planning,
certifying that the Builder's plans are in accordance with the Noise Control
Report as approved by the Ministry of the Environment and the Town of Newcastle.
19. That prior to the issuance of building permits, access routes to the subdivision
must be provided to meet Subsection 3.2.5.2(6) of the Ontario Building Code and,
that all watermains and hydrants are fully serviced and the Owner agrees that
during construction, fire access routes be maintained according to Subsection
2.5.1.2 of the Ontario Fire Code, storage of combustible waste be maintained as
per Subsection 2.4.1.1 and open burning as per Subsection 2.6.3.4 of the Ontario
Fire Code.
20. The Owner agrees that where the well or private water supply of any person is
interfered with as a result of construction or the development of the
subdivision, the Owner shall at his expense, either connect the affected party
to municipal water supply system or provide a new well or private water system
so that water supplied to the affected party shall be of quality and quantity
at least equal to the quality and quantity of water enjoyed by the affected party
prior to the interference.
21. That the Owner agrees that the oversizing of park Block 372 is not subject to
compensation by the Town.
22. That the park block 372 be developed in accordance with the requirements of the
Town's standard subdivision agreement and be Master Planned with the abutting
School Board property to the satisfaction of the Director of Community Services,
financially and otherwise.
23. That all works be completed in accordance with the Town of Newcastle's Design
Criteria and Standard Drawings.
24. That the owner/applicant be required to reconstruct Edward Street, from the west
limit of the project to Regional Road 17, to full urban collector status matching
that of Edward Street within the development. All cost relating to such are to
be the responsibility of the owner/applicant.
25. That the owner/applicant address the existing deficiency of the Arthur Street/
Highway No. 2 intersection and that approvals for the intersection improvements
be obtained from the Ministry of Transportation and submitted to the Director
of Public Works for his review.
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CONDITIONS OF APPROVAL OF FINAL PLAN REGISTRATION
REQUIREMENTS TO BE INCLUDED IN SUBDIVISION AGREEMENT (CONT'D)
26. That lands immediately east of Beaver Street be dedicated to the Town from the
existing properties to provide for a minimum right-of-way of 20.0 metres on
Edward Street.
27. That contributions be made to the Town for future sidewalk and streetlighting
requirements on Highway No. 2 for Lots 96, 97 and 98.
28. That the Owner/Applicant agrees that no building permits will be issued for Lots
297 and 298 and Blocks 369. 370 and 371 until the abutting future roadway has
been constructed to the satisfaction of the Director of Public Works.
29. That the owner/applicant provide for a sidewalk and streetlighting link on
Highway No. 2 from Arthur Street westerly to existing sidewalks near Beaver
Street, to the satisfaction of the Director of Public Works.
30. That the existing laneway west of Lots 279 to Block 371 be closed and conveyed
in accordance with Town policy.
31. That the existing road allowance between former Township of Clarke Lots 26 and
27 be closed and conveyed in accordance with Town policy except where such road
allowance is required to form part of the proposed road allowance.
32. That 0.3 m reserves be dedicated to the Town on side flankages of Lots 289, 290,
151F 16, Block 361, Lot 144, 112, 111 and all other side flankages where proposed
super mailboxes are to be located.
33. That the applicant/owner satisfy all the requirements of the Ganaraska Region
Conservation Authority, financially and otherwise.
34. That the applicant/owner satisfy all the requirements of the Ministry of Natural
Resources, financially and otherwise.
35. That the applicant/owner satisfy all the requirements of the Ministry of
Transportation, financially and otherwise.
DRAFT PLAN OF PROPOSED SUBDIVISION 1111110
PART OF LOT 26 AND 27,CONCESSION I OWNER'S CERTIFICATE SURVEYOR'S CERTIFICATE I pI
TOWN OF NEWCASTLE
(FORMERLY THE VILLAGE OF NEWCASTLEs
REGIONAL MUNICIPALITY OF DURHAM
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